Hello, everyone.
My story is complicated and any advice would be highly appreciated.
So I got my first green card in 2012, in 2014 we filed joint petition with my husband for removal of conditions, we had interview and USCIS sent us RFE notice, we sent all required documents and kept waiting. Each year I got stamp in my passport and was able to travel without any problems. In 2017 I ve called USCIS to inquire about my case, and they said they will send me another interview notice. That year we moved with my husband to Florida and transferred our case there. After 1 year we decided to move back to NY. I did not report address change right away because I did mail forwarding to our NY address from Florida so I was sure I will get interview notice. I didn’t want to transfer case back to NY because I was afraid of another delays.
In 2020 I went again to Infopass appointment to get another stamp.
The gentleman there was very nice and polite and he was very confused why it taking so long to get decision on the case. He told me to wait and in about 15 mins he came with the news that my 751 was denied back in 2018 due to missed interview. I did not got interview notice or denial notice 😅 I know it sounds crazy but I found out later that USPS never forwards legal mails. But!! I did get stamps and travelled internationally with no problems for 2 years after denial, with denied 751. No one from the custom or infopass personnel during all these years told me that! This gentleman told me to reapply and gave me new stamp extension for another year.
Then, we prepared new 751 and refilled in January 2021. Suddenly my husband passed away in December 2021. In April 2023 I got interview notice and I went there. The officer asked me why I came without my husband I told he passed away. Then he started to ask me about Florida and missed interview. We had joint accounts, a lot of pictures together, I also had letters from hospital that I was listed in my husband’s chart as primary contact. We had taxes and joint bank accounts together, I was also listed as survivor spouse on his death certificate. About 4 months after interview I got denial notice stating I never lived with my husband, and married him only for documents like it’s not bona fede marriage and that I ve submitted the same pictures as 7 years ago. My husband was much older than me. They also stated that I ve traveled 18 times in past 12 years without my husband (I ve traveled alone because I studied in Europe, and also because we have 2 kids and the rest of my family live outside of USA so kids usually spent each summer with their grandparents).
Long story short, I got NTA notice to appear in court in June 2025, but I still decided reapply 751, I got more proofs like bank statements for past 10 years from different banks, medical records, affidavits, school records for kids, birth certificates, death certificate, taxes for past 5 years , and approximately 150 pictures from different time periods.
In August 2024 it was accepted and I got extension for 48 months.
I have consulted with many lawyers but found it useless. They all giving different answers and different opinions (like to wait for court, could take another 2-3 years, file with court for green card based on 10 years rule - maybe 5-6 years of wait, and another one said they won’t approve 75- if they already marked it as non bona fede marriage). I am very confused and decided to ask here you opinion. Thank you in advance for all your responses!
My questions:
Can I travel with this extension letter and new stamp while I am in removal proceedings?
Is there chance to get approval (751) after 2 denials and with issued NTA?
Can I apply for citizenship while my 751 pending if I have NTA notice